(a) Parens patriae; monetary relief; damages; prejudgment interest(1) Any attorney general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity.
(2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only—(A) whether such State or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith;
(B) whether, in the course of the action involved, such State or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or other wise providing for expeditious proceedings; and
(C) whether such State or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
(b) Notice; exclusion election; final judgment(1) In any action brought under subsection (a)(1) of this section, the State attorney general shall, at such times, in such manner, and with such content as the court may direct, cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the circumstances of the case.
(2) Any person on whose behalf an action is brought under subsection (a)(1) may elect to exclude from adjudication the portion of the State claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection.
(3) The final judgment in an action under subsection (a)(1) shall be res judicata as to any claim under section 15 of this title by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to paragraph (1) of this subsection.
(c) Dismissal or compromise of actionAn action under subsection (a)(1) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs.
(d) Attorneys’ feesIn any action under subsection (a)—(1) the amount of the plaintiffs’ attorney’s fee, if any, shall be determined by the court; and
(2) the court may, in its discretion, award a reasonable attorney’s fee to a prevailing defendant upon a finding that the State attorney general has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.
Structure US Code
CHAPTER 1— MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
§ 1. Trusts, etc., in restraint of trade illegal; penalty
§ 2. Monopolizing trade a felony; penalty
§ 3. Trusts in Territories or District of Columbia illegal; combination a felony
§ 4. Jurisdiction of courts; duty of United States attorneys; procedure
§ 5. Bringing in additional parties
§ 6. Forfeiture of property in transit
§ 6a. Conduct involving trade or commerce with foreign nations
§ 7. “Person” or “persons” defined
§ 7a–1. Limitation on recovery
§ 7a–2. Rights, authorities, and liabilities not affected
§ 7a–3. Anti-retaliation protection for whistleblowers
§ 8. Trusts in restraint of import trade illegal; penalty
§ 9. Jurisdiction of courts; duty of United States attorneys; procedure
§ 10. Bringing in additional parties
§ 11. Forfeiture of property in transit
§ 12. Definitions; short title
§ 13. Discrimination in price, services, or facilities
§ 13b. Cooperative association; return of net earnings or surplus
§ 13c. Exemption of non-profit institutions from price discrimination provisions
§ 14. Sale, etc., on agreement not to use goods of competitor
§ 15. Suits by persons injured
§ 15a. Suits by United States; amount of recovery; prejudgment interest
§ 15c. Actions by State attorneys general
§ 15e. Distribution of damages
§ 15f. Actions by Attorney General
§ 15h. Applicability of parens patriae actions
§ 17. Antitrust laws not applicable to labor organizations
§ 18. Acquisition by one corporation of stock of another
§ 18a. Premerger notification and waiting period
§ 18b. Mergers involving foreign government subsidies
§ 19. Interlocking directorates and officers
§ 21a. Actions and proceedings pending prior to ; additional and continuing violations
§ 22. District in which to sue corporation
§ 23. Suits by United States; subpoenas for witnesses
§ 24. Liability of directors and agents of corporation
§ 25. Restraining violations; procedure
§ 26. Injunctive relief for private parties; exception; costs
§ 26a. Restrictions on the purchase of gasohol and synthetic motor fuel
§ 26b. Application of antitrust laws to professional major league baseball
§ 27. Effect of partial invalidity
§§ 32, 33. Repealed. , §§ 209, 210, ,
§ 34. Definitions applicable to sections 34 to 36
§ 37. Immunity from antitrust laws
§ 37b. Confirmation of antitrust status of graduate medical resident matching programs
§ 38. Association of marine insurance companies; application of antitrust laws